In fact, Donald Trump’s attempts to disable the right of the right to grow by execution orders last week’s immediate legal troubles are probably the most important factor in the crackdown on immigrants. But it is a sign of the president’s willingness to ignore the law that pursues his agenda.
Under Article 14 of the Amendment, “All people who are born or naturalized in the United States and are subject to their jurisdiction are” US citizens. ” but, Presidential order What Trump issued on the first day of inauguration would be limited to citizens or legal permanent residents.
The order has pointed out that the 14th revision has never been interpreted as universally expanding citizenship to everyone born in the United States. However, according to the Supreme Court in 1898 decisionThere are only two exceptions that are legally related. A diplomat’s child and a “child born from an alien enemy in a hostile profession.”
Because they enjoy diplomatic exemption, foreign government representatives are not the “target of the jurisdiction” in the United States. Similarly, invaders are obliged to consider US laws, British customs, colonial law, British and American judicial ruling, and the essence of national jurisdiction based on ratification in 1868, and US laws. There is no tendency or prediction to comply. The 14th correction.
According to the court, these two exceptions had deep roots in their history. He also recognized the third exception for the “members of the Indian tribe that seeks direct loyalty to several tribes”. It is no longer applied。
“A clear word, a clear correct correction includes children born in the territory of all other people. The target is within the scope of loyalty and protection, as a result of jurisdiction.
A lawyer to defend Trump’s presidential order Rejection In a clear statement as a “widely expressed dicta,” the Supreme Court repeatedly confirmed this jurisdiction and this understanding of citizenship. For example, 1939, court It is attracting attention “The child born from the alien parent -child relationship born here becomes a US citizen.”
In the 1982 equality protection case, the court I said “There is no different distinction between the 14th amendment” jurisdiction “between the resident aliens, whose entry into the United States is legal, and the resident aliens whose invasion is illegal. 3 years later Acknowledged The two illegal immigrants were “a citizen of this country” to “born in the United States.”
Considering these precedents, Temporary suppression order You can understand Trump’s DICT Order. “I can’t remember another case where the question was presented. [was] It’s just as clear as this, ” I said John Kono, the US District Judge, was appointed by Ronald Reagan in 1981.
Emergency or so James HoTrump is appointed Federal Appeal Court and is considered a candidate for the Supreme Court, and Professor John YuSimilarly, the president, as well as a solid defender, recognizes that he cannot do what he’s trying to do. Why bother?
Even if it is allowed to be valid, Trump’s instructions will gradually have an effect on the future, which is applied only to children born after February 19. Unauthorized residents and changes in asylum and refugee policy. These are all healthy legal basis.
Trump’s citizenship order is the most well -understood as a symbolic position for “invasion”. Perception When people enter this country in pursuit of a better life. But his coincidence against the Constitution sends another message to thank the Americans for the impact of the independent suppression of the judiciary.
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